DEEPAK VERMA, J. - (1.) THE solitary question that arises for consideration in this appeal is whether any one of the three dying declarations of deceased Sarla, inspires confidence, to sustain conviction of appellant Sharda, her mother-in-law for commission of offence under section 302 of the Indian Penal Code and sentence of life imprisonment.
(2.) APPELLANT has been found guilty of commission of offence under section 302 of the Indian Penal Code and has been awarded life imprisonment by learned Additional District and Sessions Judge, Dungarpur. On D.B. Criminal Appeal No. 1071/2003 being filed by her in the High Court of Judicature for Rajasthan at Jodhpur, the same has been dismissed vide order dated 25-7-2007. Thus Judgment of conviction and sentence awarded by the trial Court has been affirmed. Hence, this appeal after grant of leave to the appellant. Thumb-nail sketch of the facts of the case is as mentioned herein below :- Vinod Vyas was married to Sarla on 21-1-1991, almost 8 years prior to the date of occurrence, which had taken place on 16-8-1999 at the matrimonial home of the deceased. According to the prosecution story, for past two-three years, relations between deceased Sarla, her husband-Vinod and appellant-Sharda were strained. They used to demand dowry from her which she was not able to accede to. On 16-8-1999, deceased Sarla was alleged to have been set on fire by her mother-in- law while she was cooking food on a kerosene stove as a result of which she had sustained 90% burn injuries. She was immediately rushed to General Hospital, Sagwara.
(3.) ON getting the aforementioned information on 16-8-1999, P.W-22 Kishore Singh posted as ASI at the Police Station Sagwara rushed to the General Hospital. He reached there at about 9 O'clock at night. In the presence of PW-31 Dr. Gokul Prajapati, her first statement Exh. D-3 was recorded. As per this first statement, Sarla disclosed that while cooking meals for the family, she pumped in air in the kerosene stove, which got inflamed thereby pallu of her saree caught fire. Thus she sustained burn injuries on her person. She further stated that no one had deliberately or intentionally put her on fire. Exh. D.3 is her first statement recorded at the hospital, in presence of P.W-31 Dr. Gokul Prajapati, who had put his signatures on the same along with P.W-22 Kishore Singh. Thumb impression of deceased was also taken on it.;